Parents Against Drug Abuse

Misuse of Drugs Act 1971 Controls the unauthorised use of drugs deemed capable of "having harmful effects sufficient to constitute a social problem." Defines the offences relating to production, cultivation, supply and possession of nearly all drugs with abuse and/or dependence liability. Of particular relevance to employers is the offence committed by the occupier or premises if he/she knowingly permits the production or supply of any controlled drugs, the smoking of cannabis or certain other activities to take place on the premises.

Medicines Act 1968 Governs the manufacture and supply of medicines, some of which are also controlled by the Misuse of Drugs Act.

Customs & Excise Management Act 1979 Penalises unauthorised import and export of illegal drugs. Customs and Excise use compounding proceedings which mean, in essence, that the offender is allowed to pay a fixed penalty in lieu of prosecution. The Home Office limits the use of compounding in drugs cases to offences involving herbal cannabis or resin not exceeding a total weight of 10 grammes. Although details of compounding proceedings are not generally made public, details may be disclosed to an employer if; * the nature of the offenders job helped him to commit the offence, or * the offenders job required a particularly high degree of unimpaired faculties or judgment.

Drug Trafficking Act 1986 Makes it an offence to sell articles for the administration or preparation of illegal drugs, and allows for the seizure of assets related to the proceeds of drug trafficking.

Controlled Drugs (Penalties) Act 198 Increased the maximum penalties for trafficking in Class 'A' drugs.

Road Traffic Act 1972 Makes it an offence to be in charge of a motor vehicle whilst unfit to drive through drink or drugs (including solvents).

The Health & Safety at Work Act 1974 Section 2 of the Act requires that employers ensure, as far as it is reasonably practicable, the health, safety and welfare at work of their employees. Section 7 of the Act requires employees to take reasonable care of the health and safety of themselves and others who may be affected by their acts or omissions at work. It is possible that in certain circumstances charges may be brought against an employer who knowingly allows a drug abuser to continue working without doing anything either to help the abuser or to protect the rest of the workforce.